These terms and conditions (the “Terms and Conditions”) are applicable to and are available on our website. They explain many of your responsibilities to us and our responsibilities to you, how and when our agreement with you can be terminated and the extent of our liability to you. In addition, the further information is available under the ‘FAQ’ section of Our Website.
WHEN YOU REGISTER ON OUR WEBSITE AND BY USING ANY OF OUR SERVICES DESCRIBED IN THESE TERMS AND CONDITIONS, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE DO NOT USE ANY OF OUR SERVICES IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE A LEGALLY BINDING AGREEMENT AND IT IS IMPORTANT THAT YOU TAKE THE TIME TO READ THEM CAREFULLY.
These Terms and Conditions govern the
provision, carried out by us consisting of the execution of transactions
ordered by you through Our Website. These Terms and Conditions shall apply to
your use of Our Website where you instruct us to perform, and we agree to
perform, for you any of our money transfer transaction services, including all
content, functionality and services offered through it.
Our obligations under these Terms and Conditions are conditional upon our acceptance of you as a user, which is at our sole discretion and we reserve the right to decline to provide Our Services to you without specifying a reason. You must promptly supply us with all information and documentation which we may ask you for at any time to enable us to comply with any legal requirements on us relating to Our Services, including as required by anti-money laundering and anti-terrorist financing regulation, and you consent to us contacting you for these purposes.
2. FORMATION OF CONTRACT
Each Transaction which we perform for you is a separate contract which incorporates these Terms and Conditions.
We may amend these Terms and Conditions
from time to time, for example in order to comply with changes in the law or
regulatory requirements or due to changes in market conditions.
If we make any change to these Terms and Conditions, we will do so by placing the revised version of these Terms and Conditions on Our Website. We will also inform you of the date from which any change is to take effect (the “Effective Date”).
Changes that we make to these Terms and Conditions will normally only apply to transactions entered into after the Effective Date but will also apply to transactions entered into before the Effective Date where we are required to make them do so by law or regulatory requirements. In any event, and for the avoidance of doubt, the updated version of these Terms and Conditions shall supersede the previous version.We do not guarantee that Our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our Website for business and operational reasons. We will try to give you reasonable notice (for example by posting a message on Our Website) of any scheduled suspension or withdrawal.
4. ACCESS TO OUR WEBSITE
By using Our Website, you represent and
warrant that you are 18 years or older and of legal age to enter into a binding
contract with us. If it comes to our attention through reliable means that a
user is under 18 years of age, we will cancel that user’s account and will
delete all information regarding such user from our system and records.
Upon our acceptance of you as a user and completion of our new client registration form we will provide you with access codes to Our Website which consists of a user name and a password which you can change by following the instructions set out on Our Website (the “Access Codes”). You will be able to access Our Services via Our Website by correctly entering your Access Codes but in no other circumstances.
5. CURRENCY EXCHANGE, INTERNATIONAL SERVICES:
In addition to the transfer fees applicable to this transaction, a currency exchange rate will be applied. United Kingdom currency is converted to Kenyan currency at an exchange rate set by Abacus. Subject to applicable law, the actual or estimated currency exchange rate applicable to Your transaction will be provided to You on the written disclosures provided to You by Abacus in connection with Your transaction. Payouts will generally be made in the national currency of the Expected Payout Location (“Local Currency”).
We may terminate these Terms and Conditions and/or suspend Our Services to you immediately:
- where you do not provide us with all the details we require to perform a Payment Transaction for you;
- where it becomes unlawful for us to continue to provide you with Our Services or we are required to do so by law, by any court of competent jurisdiction or by any governmental or regulatory body which authorizes us to perform Our Services;
- following a material breach by you of any of these Terms and Conditions or in the event that we discover or have reasonable cause to suspect any crime, fraud, fraudulent activity or money laundering by you;
- in the event that you die, become of unsound mind, become unable to pay your debts as and when they fall due, a petition in bankruptcy is presented against you, you are declared bankrupt, you become insolvent, you enter into an individual voluntary arrangement or go into liquidation.
7. REFUNDS: Subject to applicable law:
- transfers may be canceled for a refund of the principal amount, unless the funds have been picked up or deposited at the time ABACUS receives Your written request;
- We may charge You a fee to refund the principal amount back to You in those instances where Receiver rejects Your funds.
8. RESOLUTION OF DISPUTES:
Unless You opt out as set forth below, any dispute arising from or relating to this transaction shall be resolved by final and binding arbitration. The arbitrator shall also decide what is subject to arbitration. The arbitration will be administered in accordance to the Arbitration Act of Kenya. You will be responsible for cost of the arbiter’s fees. Abacus may reduce this amount if you demonstrate negligence on our part.
9. LIMITATIONS OF LIABILITY:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES WHETHER CAUSED BY NEGLIGENCE ON THE PART OF ITS EMPLOYEES, SUPPLIERS OR AGENTS OR OTHERWISE, BEYOND THE SUM ………………………. (in addition to refunding the transaction amount and the transfer fee and except as provided under Kenyan Law; and (2) IN NO EVENT SHALL THE COMPANY OR ITS AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR THE LIKE.
10. IDENTITY AND LOCATION VERIFICATION:
YOU AUTHORIZE ABACUS TO REQUEST YOUR MOBILE CARRIER TO USE YOUR MOBILE SUBSCRIBER DETAILS FOR VERIFYING YOUR IDENTITY. THOSE DETAILS MAY INCLUDE NAME, BILLING ADDRESS, EMAIL, AND PHONE NUMBER. THIS INFORMATION MAY ALSO INCLUDE LOCATION INFORMATION, IF AVAILABLE.
11. USING AN ACCOUNT:
Where available, Abacus may allow You send money from or to a bank, a prepaid or credit card, an electronic wallet, a biller, or a similar account (collectively, “Accounts”). The bank or other provider of an Account (the “Account Provider”) may impose additional fees on an Account. The agreement with the Account Provider governs use of an Account and provides the rights and liabilities of the holder of an Account. Unless required by applicable law, Abacus accepts no responsibility to You or any Account holder for any fees imposed by an Account provider. IMPORTANT NOTICE FOR USING ACCOUNTS: MAKE SURE THE ACCOUNT NUMBER, ACCOUNT PROVIDER DETAILS, AND CURRENCY SELECTED ARE CORRECT BEFORE SENDING. IF THE ACCOUNT NUMBER OR ACCOUNT PROVIDER DETAILS ARE INCORRECT, MONEY MAY BE DEBITED OR CREDITED TO THE WRONG ACCOUNT AND MAY NOT BE RECOVERED.
12. FEES, PAYMENT AND CURRENCY EXCHANGE
Transfer Fees. In consideration for the use of the Service, you agree to pay to Abacus a fee for each Money Transfer initiated by you at the applicable rate then in effect (the “Transfer Fee”). The applicable Transfer Fee for your transaction will be provided to you prior to your final authorization of the transaction, in addition to any applicable fees for additional services.
13. INTELLECTUAL PROPERTY:
The Abacus website, mobile and tablet device sites and applications (collectively, the “Website”), the Service, the content, and all intellectual property therein (including but not limited to authors, patents, database rights, trademarks and service marks) are owned by Abacus or third parties, and all right, title and interest therein and thereto shall remain the property of Abacus and/or such third parties. The Website and Service may be used only for the purpose permitted by these Terms and Conditions. You may view and retain a copy of the pages of the Website only for your own personal, non-commercial use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Website, the Service or any portion thereof for any public or commercial use without the express written consent of Abacus. You shall not
- use any robot, spider, scraper or other automated device to access the Website or Service; or
- remove or alter any author, trademark or other proprietary notice or legend displayed on the Website (or printed pages thereof). The name Abacus and other names and indicia of ownership of the Service are the exclusive marks of Western Union or other third parties. Other product, service and company names appearing on the Website may be trademarks of their owners.
14. LINKS TO OTHER SITES:
The Website may contain links and pointers to other World Wide Web Internet sites and resources (the “Linked Sites”). Links to any Linked Site do not constitute an endorsement by or association with Abacus or any of its affiliates. Links do not imply that Abacus is associated with or legally authorized to use any trademark, trade name, logo or author symbol displayed in or accessible through the links, or that any Linked Sites are authorized to use any trademark, trade name, logo or author symbol of Abacus or any of its affiliates. You should direct any concerns regarding any Linked Site to such Linked Site’s site administrator or webmaster. Abacus does not represent or endorse the accuracy or reliability of, and expressly disclaims, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. You agree that reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at your sole risk.
This Agreement, together with all items incorporated by reference, embodies the entire understanding among the parties. It supersedes all prior understandings and cannot be modified orally. Subject to applicable law, Abacus may assign this Agreement to a third party without Your consent. This Agreement is governed by Kenyan law without regard to conflicts of law rules. If an Agreement provision is found invalid, remaining provisions shall be valid. Services are directed solely to persons 18 and over. The English language version controls if there is an inconsistency between English and non-English Agreement versions. You and Receiver represent that Your use of Services does not violate this Agreement or any law, including, without limit, laws relating to money laundering, illegal gambling activities, support for terrorist activities or fraud. Information You provide ABACUS shall be truthful and complete. You shall indemnify ABACUS and its Agents for all losses of any kind (including attorney fees) arising out of any Agreement breach by You or Receiver. ABACUS reserves the right to change Services without notice. ABACUS and its Agents may refuse to provide Services to any person.